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LSDefine
Simple English definitions for legal terms
nonelected claim
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A quick definition of nonelected claim:
A nonelected claim is a statement that describes the unique features of an invention and defines the scope of protection for a patent. It is a type of patent claim that has been withdrawn from consideration because the application claims more than one invention. The applicant must choose to prosecute one invention, and other claims may be abandoned or prosecuted separately under a divisional application. A patent claim can be a product claim, method claim, or process claim, among others. It is important to have broad and general terms in the claim to be well-protected, but if the claims are limited, the chances of success are small, and the patent will have loopholes that infringers can take advantage of.A more thorough explanation:
Definition: A nonelected claim is a type of patent claim that has been withdrawn from consideration because the patent application claims more than one invention. The applicant must choose to prosecute one invention, and other claims may either be abandoned or prosecuted separately under a divisional application.
Example: An inventor submits a patent application for a new type of bicycle that includes several innovative features. The patent examiner determines that the application claims more than one invention and requires the inventor to elect which invention to prosecute. The inventor chooses to prosecute the invention related to the bicycle's unique braking system and withdraws the nonelected claims related to the bicycle's frame and handlebars.
This example illustrates how a nonelected claim is a claim that has been withdrawn from consideration because the patent application claims more than one invention. In this case, the inventor had to choose which invention to prosecute and withdrew the nonelected claims related to the bicycle's frame and handlebars.